provision of this Act, such air carrier or foreign air carrier shall be liable to the person or persons (not including an air carrier or foreign air carrier suing in other than the capacity of a shipper) injured thereby for the full amount of damages sustained in consequence thereof together with a reasonable counsel's or attorney's fee to be fixed by the court in every case of recovery, which fee shall be taxed and collected as part of the costs in the case.

"(b) Any person, organization, or body politic claiming to be damaged by any such carrier may either make complaint to the Board or may bring suit in his or their own behalf for the recovery of the damages for which such carrier may be liable under the provisions of paragraph (a), in any district court of the United States of competent jurisdiction; but such person, organization, or body politic shall not have the right to pursue both of said remedies.

"(c) When a complaint as authorized in paragraph (b) of this section is filed with the Board, a statement of such complaint shall be forwarded by the Board to the carrier or carriers named in such complaint, who shall be called upon to satisfy the complaint, or to answer the same in writing, within a reasonable time, to be specified by the Board. If such carrier or carriers within the time specified shall make reparation for the injury alleged to have been done, such carrier or carriers shall be relieved of liability to the complainant only for the particular violation of law set forth in the complaint. If such carrier or carriers shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating the said complaint, it shall be the duty of the Board to investigate the matter complained of in such manner and by such means as it shall deem proper.

"(d) If, after hearing on a complaint, the Board shall determine that any party complainant is entitled to an award of damages under the provision of this Act for a violation thereof by any carrier, the Board shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named.

"(e) If such carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file with the district court of the United States for the district in which he or it resides, or in which is located the principal operating office of such carrier, or in which such carrier operates, or in any State court of general jurisdiction having jurisdiction of the parties, a complaint setting forth briefly the causes for which he claims damages, and the order of the Board in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suit the findings and order of the Board shall be prima facie evidence of the facts therein stated, and except that the plaintiff shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the plaintiff shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. If the Board shall determine that any party complainant is not entitled to an award of damages or less damages than are sought, an appeal from such determination may be taken to the district court specified herein within sixty days after entry of the Board's order: Provided, however, That a party receiving an award of damages shall combine any such appeal with any action brought under this subsection for enforcement of such award.

“(f) (1) (A) All actions at law by common carriers by aircraft subject to the provisions of this Act for the recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after.

"(B) All complaints against such carriers for the recovery of damages not based on overcharges shall be filed with the Board within two years from the time the cause of action accrues, and not after, subject to subparagraph (D). "(C) For the recovery of overcharges, action at law shall be begun or complaint filed with the Board against such carriers within three years from the time the cause of action accrues, and not after, subject to subparagraph (D), except that if claim for the overcharge has been presented in writing to the carrier within the three-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

"(D) If on or before expiration of the two-year period of limitation in subparagraph (B) or the three-year period of limitation in subparagraph (C) a common carrier by aircraft subject to the provisions of this Act begins action under subparagraph (A) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or charges are collected by the carrier.

"(2) The cause of action in respect of a shipment of property shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier and not after.

"(3) A complaint for the enforcement of an order of the Board for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after.

"(4) The term 'overcharges' as used in this section means charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Board.

“(5) The provisions of this section 901(c) shall extend to and embrace all transportation of property or passengers for or on behalf of the United States in connection with any action brought before the Board or any court by or against carriers subject to this part: Provided, however, That wth respect to such transportation of property or passengers for or on behalf of the United States, the period of limitation herein provided shall be extended to include three years from the date of (A) payment of charges for the transportation involved, or (B) subsequent refund for overpayment of such charges, or (C) deduction made under section 322 of the Transportation Act of 1940 (49 U.S.C. 66), whichever is later. "(g) In suits brought to enforce an order of the Board for the payment of money all parties in whose favor the Board may have made an award of damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; and service of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant has his or its principal operating office. In case of such joint suit the recovery, if any, may be judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff."

SEC. 8. Subsection (a) of section 1006 of the Federal Aviation Act of 1956 (49 U.S.C. 1486) is amended by amending the first sentence therein to read as follows: "Any order, affirmative or negative, issued by the Board or Administrator under this Act, except any order in respect to any foreign air carrier subject to the approval of the President as provided in section 801 of this Act or any order in respect of reparations issued pursuant to section 901 (c) of this Act, shall be subject to review by the courts of appeals of the United States or the United States Court of Appeals for the District of Columbia Circuit upon petition, filed within sixty days after the entry of such order, by any person disclosing a substantial interest in such order."

SIMPLIFICATION OF GOVERNMENT TRANSPORTATION RATES AND PROCUREMENT;
VEHICLE COMMON CARRIERS

TRANSPORTATION

OF MAIL BY MOTOR

SEC. 9. (a) Section 321 of title III, part II, of the Transportation Act of 1940, as amended (49 U.S.C. 65), is amended by

(1) Striking out the second proviso in subsection (a) thereof and substituting therefor the following: "Provided further, That the head of an agency or such persons as he may designate may negotiate the provisions and prices of contracts, agreements, or other instruments for the purpose of procuring transportation, including mail transportation services performed by common carriers by motor vehicles when the services required can be procured from any common carrier lawfully operating in the territory where such services are to be performed, and services accessorial thereto for the United States, without regard to the provisions of any law requiring advertising for bids;"

and

(2) Striking out subsection (b) thereof and substituting the following: "(b) Notwithstanding any other provision of law, the Administrator, General Services, or such persons as he may designate on behalf of civil agencies, and the Secretary of Defense or such persons as he may designate on behalf of the military agencies may negotiate, agree to, contract for, engage, or otherwise

establish simplified rate structures for the whole or for portions of transportation of persons or property and accessorial services procured for the United States for periods not to exceed one year but renewable for successive one-year periods: Provided, That the Administrator, General Services, or the Secretary of Defense or their designees, have determined that the prospective simplified rate structure is in the public and Government interest and that the said structure may reasonably be expected to result in administrative and transportation costs to the United States lower or not substantially higher in the aggregate than costs normally applicable: And provided further, That such simplified rate structures shall initially entail research and experimentation in diminished differentiation among commodities, in methods for determination of distance through use of geographic grids and geometric formulas or other nontraditional techniques well suited to condensed tabulation or application of automatic data processing, and in the evaluation of charges over time periods as distinct from conventional rate construction, all for the purpose of devising practical systems to make rate publication and ascertainment less costly and more convenient. Federal transportation regulatory bodies shall, and other interested industrial, academic, or governmental agencies may, with the approval of the Administrator, General Services, or the Secretary of Defense, as appropriate, observe, recognize, and employ to the maximum beneficial extent the techniques and results of said research and experimentation."

(b) Nothing contained in this section is intended to repeal or revise section 2631, title 10, United States Code.

TRANSFER OF POWERS VESTED IN CIVIL AERONAUTICS BOARD AND INTERSTATE COMMERCE COMMISSION WITH RESPECT TO GUARANTY OF LOANS TO AIR CARRIERS AND COMMON CARRIERS BY RAILROAD

SEC. 10. (a) Subsection (a) of section 2 of the Act of September 7, 1957 (71 Stat. 629), as amended, is amended by striking out the words "Board" and "Civil Aeronautics Board," and substituting therefor the words "Secretary" and "Secretary of Commerce," respectively.

(b) Section 3 of such Act is amended by:

(1) Striking out the word "Board" where it appears the first and third times therein, and substituting therefor the word "Secretary"; and

(2) Inserting the words "Civil Aeronautics" immediately before the word "Board" where it appears the second time therein.

(e) Sections 4 and 5 of such Act are amended by striking out the word "Board" wherever it appears in such sections and substituting therefor the word "Secretary".

(d) Subsection (a) of section 6 of such Act is amended by:

(1) Striking out the word "it" where it appears the first time therein, and substituting therefor the word "him";

(2) Striking out the word "it" where it appears the second time therein, and substituting therefor the word "the"; and

(3) Striking out the word "Board", and substituting therefor the word "Secretary".

(e) Section 7 of such Act is amended by striking out the word "Board" wherever it appears therein and substituting therefor the words "Department of Commerce".

(f) Section 410 of the Federal Aviation Act of 1958 (49 U.S.C. 1380) is amended by replacing the period at the end of the last sentence with a colon, and adding the following: "Provided, however, That the provisions of this section shall not be applicable to the guaranty of loans by the Secretary of Commerce under the provisions of the Act of September 7, 1957 (71 Stat. 629), as amended, but the Secretary of Commerce shall consult with and consider the views and recommendations of the Board in making such guaranties."

SEC. 11. (a) Section 2 of the Transportation Act of 1958 (49 U.S.C. 1231-1240), as amended, which added part V to the Interstate Commerce Act, as amended, is hereby repealed.

(b) It is the purpose of this section to provide for assistance to common carriers by railroad subject to the Interstate Commerce Act to aid them in acquiring, constructing, or maintaining facilities and equipment for such purposes, and in such a manner, as to encourage the employment of labor and to foster the preservation and development of a national transportation system

adequate to meet the needs of the commerce of the United States, of the postal service, and of the national defense.

(c) For the purposes of this section

(A) The term "Secretary" means the Secretary of Commerce.

(B) The term "Commission" means the Interstate Commerce Commission. (C) The term "additions and betterments or other capital expenditures" means expenditures for the acquisition or construction of property used in transportation service, chargeable to the road, property, or equipment investment accounts, in the Uniform System of Accounts prescribed by the Commission.

(D) The term "expenditures for maintenance or property" means expenditures for labor, materials, and other costs incurred in maintaining, repairing, or renewing equipment, road, or property used in transportation service chargeable to operating expenses in accordance with the Uniform System of Accounts prescribed by the Commission.

(d) In order to carry out the purpose declared in subsection (b), the Secretary may, after consultation with and consideration of the views and recommendations of the Commission and upon terms and conditions prescribed by him and consistent with the provisions of this section, guarantee in whole or in part any public or private financing institution, or trustee under a trust indenture or agreement for the benefit of the holders of any securities issued thereunder, by commitment to purchase, agreement to share losses, or otherwise, against loss of principal or interest on any loan, discount, or advance, or on any commitment in connection therewith, which may be made, or which have been made, for the purpose of aiding any common carrier by railroad subject to the Interstate Commerce Act in the financing or refinancing (1) of additions and betterments or other capital expenditures, made after January 1, 1957, or to reimburse the carrier for expenditures made from its owns funds for such additions and betterments or other capital expenditures, or (2) of expenditures for the maintenance of property: Provided, That in no event shall the aggregate principal amount of all loans guaranteed by the Secretary exceed the uncommitted balance of the limitation set forth in section 503 of the Interstate Commerce Act, as added by section 2 of the Transportation Act of 1958. (e) (1) No guaranty shall be made under subsection (d)—

(A) unless the Secretary finds that without such guaranty, in the amount thereof, the carrier would be unable to obtain necessary funds, on reasonable terms, for the purposes for which the loan is sought;

(B) if, in the judgment of the Secretary, the loan involved is at a rate of interest which is unreasonably high;

(C) if the terms of such loan permit full repayment more than fifteen years after the date thereof; or

(D) unless the Secretary finds that the prospective earning power of the applicant carrier, together with the character and value of the security pledged, if any, furnish reasonable assurance of the applicant's ability to repay the loan within the time fixed therefor and reasonable protection to the United States. A statement of the findings of the Secretary required under the provisions of this subsection shall be made a matter of public record by the Secretary with respect to each loan guaranteed under the provisions of this section.

(2) It shall be unlawful for any common carrier by railroad subject to the Interstate Commerce Act to declare any dividend on its preferred or common stock while there is any principal or interest remaining unpaid on any loan to such carrier made for the purpose of financing or refinancing expenditures for maintenance of property of such carrier, and guaranteed under this section. (f) The Secretary may consent to the modification of the provisions as to rate of interest, time of payment of interest or principal, security, if any, or other terms and conditions of any guaranty which he shall have entered into pursuant to this section, or the renewal or extension of any such guaranty, whenever the Secretary shall determine it to be equitable to do so.

(g) (1) Payments required to be made as a consequence of any guaranty by the Secretary made under this section shall be made by the Secretary of the Treasury from funds hereby authorized to be appropriated in such amounts as may be necessary for the purpose of carrying out the provisions of this section. (2) In the event of any default on any such guaranteed loan, and payment in accordance with the guaranty by the United States, the Attorney General shall take such action as may be appropriate to recover the amount of such payments, with interest, from the defaulting carrier, carriers, or other persons liable therefor.

(h) The Secretary shall prescribe and collect a guaranty fee in connection with each loan guaranteed under this section. Such fees shall not exceed such amounts as the Secretary estimates to be necessary to cover the administrative costs of carrying out the provisions of this section. Sums realized from such fees

shall be deposited in the Treasury as miscellaneous receipts.

(i) (1) To permit him to make use of such expert advice and services as he may require in carrying out the provisions of this section, the Secretary may use available services and facilities of departments and other agencies and instrumentalities of the Government, with their consent and on a reimbursable basis where necessary.

(2) Departments, agencies, and instrumentalities of the Government shall exercise their powers, duties, and functions in such manner as will assist in carrying out the objectives of this section.

(j) Except with respect to such applications as may then be pending, the authority granted by this section shall terminate at the close of June 30, 1963: Provided, That its provisions shall remain in effect thereafter for the purposes of guaranties made by the Secretary.

SEC. 12. (a) All orders, determinations, rules, regulations, permissions, approvals, agreements, rulings, directives, and privileges which have been issued, made, or granted, or allowed to become effective, by the Civil Aeronautics Board or the Interstate Commerce Commission, or any court of competent jurisdiction, under any provision of law amended or repealed by section 10 or 11 of this Act, or in the exercise of duties, powers, or functions which, under such sections, are vested in the Secretary of Commerce, and which are in effect at the time such sections take effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Secretary of Commerce or by any court of competent jurisdiction, or by operation of law.

(b) The provisions of sections 10 and 11 of this Act shall not affect any proceedings pending at the time such sections take effect before the Civil Aeronautics Board or the Interstate Commerce Commission, as the case may be; but any such proceedings shall be continued before the Secretary of Commerce, orders issued therein, and payments made pursuant to such orders, as if section 10 or 11 had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Secretary of Commerce, or by operation of law.

(c) The provisions of sections 10 and 11 of this Act shall not affect suits e mmenced prior to the date on which such sections take effect; and all such suits shall be continued by the Secretary of Commerce, proceedings therein had, appeals therein taken, and judgments therein rendered, in the same manner and with the same effect as if section 10 or 11 had not been enacted. No suit, action, or other proceeding lawfully commenced by or against the Civil Aeronautics Board or the Interstate Commerce Commission, as the case may be, or officer of the United States, in relation to the discharge of official duties, shall abate by reason of any transfer of authority, power, or duties from the Board or Commission or officer to the Secretary of Commerce under the provisions of section 10 or 11, but the court upon a motion or a supplemental petition filed at any time within twelve months, after such transfer, showing the necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the Secretary of Commerce.

SEC. 13. (a) The officers, employees, and property (including office equipment and official records) of the Civil Aeronautics Board and the Interstate Commerce Commission which the Bureau of the Budget, after consultation with the Civil Aeronautics Board, or the Interstate Commerce Commission, as the case may be, shall determine to have been employed by the Civil Aeronautics Board, or the Interstate Commerce Commission, in the exercise and performance of those powers and duties vested in and imposed upon the Board by the Act of September 7, 1957, as amended (71 Stat. 629), or the Commission by section 2 of the Transportation Act of 1958, as amended, and which are vested by section 10 or 11 of this Act in the Secretary of Commerce, shall be transferred to the Department of Commerce upon such date or dates as the Bureau of the Budget shall specify: Provided, That the transfer of such personnel shall be without reduction in classification or compensation, except that this requirement shall not operate after the end of the fiscal year during which such transfer is made to prevent the adjustment of classification or compensation to conform to the duties of which such transferred personnel may be assigned.